✦ Telangana High Court

Mohammed Majeed @ Abdul Majeed Siddiqui v. Hyderabad

Case at a glance

Key paragraphs

  • Para 55. Perused the record lt reveals that petiti rner is only a marriage broker. Thus he cannot be roped in witl the allegation under Section 498-,4. Since the petitioner is aged about 82 years old and suffering from old age ailments, there is nrt point…

Judgment

Petition under Section 528 OF BNSS praying that irl the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to call for the Records Relating to and pertaining to C.C. No. 289 of 2021 on the file of the Hon'ble Principal Junior Civil Judge Cum Judicial Magistrate of First Class at Mahabubnagar and Quash the same as illegal, Arbitrary and unjust by allowing Quash Petition. l.A. NO: 2 OF 2025 Petition under Section 528 OF BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to grant stay of all further proceedings including personal appearance of the Petitioner in C.C. No. 289 of 2021 on the file of the Hon'ble Principal Junior Civil Judge Cum Judicial Magistrate of First Class at Mahabubnagar pending d isposal of Quash Petition. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri KHAJA MOINUDDIN. Advocate for the Petitioner and SRI JITHENDER RAO VEERAMALLA, the Additional Public Prosecutor for the F:espondent No.1 and none appeared for the Respondent No.2. The Court made the following: ORDER I TIIT HON'BLE SMT. JUSTICE TIRUMALA DEVI EADA CRIMINAL PETITION No.3737 o12025 ORDER This Crin.rrnal Petition rs filed under Section 528 Bharatiya Nagarik Sr-rraksha Sanhita, 2023 (for short 'BNSS') by the petitioner/accused No.3, seeking to quash the procgedings aqainst him in C.C.No.289 of 2021 on the file of the Principal Junror Civrl Judge cum Judicial ti4agistrate of First Class at A/lahabubnagar, for the alleged offences punishable under Sectircn 498-4 read with Section 109 of the lndian Penal Code, 1B6Ci and Sectron 4 of lv'luslim Women (Protection Of Rights On Divorce; Acl, 1986 2 Heard Sri Khaja tVloinuddin, learned counsel for petitioner and Sri Jithender Rao Veeramalla, learned Additional Public Prosecutor appearing for the respondent No.'1-State. 3 l-earned counsel for the petitioner submitted that the petitioner herein is the marriage broker and he was no way connected with the alleged offences against him. He further submitted that there is no relationship between the petitioner and deJacto complainant. He also submitted that the petitioner.: is innocent and aged about 82 years and suffering with old age I I { I ') l: II)..1 ( r t' 3717 l0:5 aliments and he is falsely implicated by the de-fac, to complainant. Hence, he prayed to quash the proceedings against the petitioner.

#4. Learned Additional Public Prosecutor ha:; submitted to pass appntpriate orders in this matter

#5. Perused the record lt reveals that petiti rner is only a marriage broker. Thus he cannot be roped in witl the allegation under Section 498-,4. Since the petitioner is aged about 82 years old and suffering from old age ailments, there is nrt point to keep pending the proceedings against the petitioner. 6 Accordingly, the Criminal Petition is Allcrwed and the proceedings against the petrtroner/accused No.3 in C C *o.rAS of 2021 on the file of the Principal Junior Civil Judgr: cum Judicial Magistrate of First Class at Mahabubnagar, are herr-.by quashed.

#7. As a sequel, the miscellaneous petitions pr:nding, if any, shall stand closed SD/. MOHD.ISMAIL DEPUTY REGISTRAR I .l //TRUE COPY// SECTION OFFICER To, 1 The, Principal Junior civil Judge cum Judicial [/lagisrrate of First crass al [\iah=hr rhnenar 7

#2. The Station House Officer, Women Police Station, Mamabubnagar, Mahabubnagar District.

#3. One CC to SRI KHAJA MOINUDDIN Advocate IOPUC] 4. Two CCs to PUBLIC PROSECUTOR, High Court for the State of Telangana, at Hyderabad [OUT]

#5. Two CD Copres +p GR/PSL I t HIGH COURT DATED:1410812025 I \ ORDER CRLP.No.3737 ot 2025 ,l.t I : 12 sEP lffi * O/s -.._i.:--, t I ALLOWING THE CRIMINAL PETITION @ \

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